James Segan KC

James is acting for Xiaomi in defending FRAND proceedings brought by Panasonic. At a hearing in November 2023, Xiaomi secured the expedition of a 10-15 day FRAND trial in England so as to minimise the risk of injunctions being enforced against Xiaomi in Germany and the UPC.

Acted for Lenovo in only the second determination of global FRAND licensing terms ever undertaken by the UK Courts (the first being Unwired Planet, in which James also acted). A 17-day FRAND trial took place in January-February 2022. The 225-page decision of the High Court was delivered in March 2023. The Court determined a FRAND rate of 17.5 cents per device, approximately 65% less than InterDigital's request for 49.8 cents. The Court furthermore concluded that "by consistently seeking supra-FRAND rates, InterDigital did not act as a willing licensor". A five-day appeal is listed for June 2024.

Acted for the Hong Kong Competition Commission in the first appeal to the Court of Appeal concerning penalties under the Competition Ordinance.  The Competition Tribunal had reduced cartel fines on the basis that certain respondents formed only part of the undertaking liable in each case for the infringement.  The Court of Appeal held that the Tribunal had erred in principle , because (i) such a reduction was wrong by reference to EU case law on joint and several liability (paras 33-60), (ii) it was contrary to public policy to permit the respondents to rely upon their own unlawful conduct in mitigation of a penalty (paras 61-71), and in any event (iii) it was irrelevant to have regard to matters internal to the undertaking (paras 72-76).

Acting for professional golf players who have signed to participate in the LIV Golf series in a challenge to disciplinary action taken against them by the PGA European Tour under the DP World Tour's "Conflicting Tournament" rules.  By their appeals, the players challenged the enforceability of those rules under UK competition and restraint of trade law.  In July 2022, a Sport Resolutions Panel suspended the imposition of sanctions until the players' de novo appeals could be heard.  A hearing took place in February 2023 and a decision was delivered in April 2023. 

Acting for Huawei in defence of FRAND global licensing proceedings relating to smartphones and telecommunications infrastructure.  A FRAND trial is listed for July 2023.

Acted for Huawei from March 2014 until the end of the case in August 2020, on FRAND and competition law issues, in the first ever "FRAND" trial in the UK. The Supreme Court’s decision of August 2020, and the decisions of the Court of Appeal of November 2018 and High Court of April 2017, attracted international attention.  James argued a substantial part of the case before the Court of Appeal and High Court, and regularly appeared in High Court hearings in this matter (see e.g. [2015] EWHC 2097 (Pat), [2015] EWHC 2097 (Pat); [2015] EWHC 2901 (Pat); [2015] EWHC 3137 (Pat); [2016] Bus. L.R. 796; [2016] E.C.C. 21).

Acted for Huawei on FRAND and competition law issues in one of The Lawyer's Top 20 Cases of 2019: a claim brought by Conversant, a licensing entity associated with Nokia patents. The Supreme Court heard a jurisdiction appeal in October 2019 and in August 2020 upheld the decisions of the Court of Appeal and High Court.  A FRAND trial listed for February 2021 was subsequently vacated when the claim settled.

Acted for Gibfibre Ltd in an appeal concerning the proper scope and ambit of the EU Common Regulatory Framework for Telecommunications, in the context of a dispute over access to data centres in Gibraltar.

Acted for a Delaware-incorporated patent pool which licenses technology essential to the HEVC video compression standard in successfully contending that the English Courts had no jurisdiction over a claim by Vestel (one of the largest TV manufacturers in the world) for alleged abuses of dominance by HEVC and Philips.  An appeal by Vestel was dismissed by the Court of Appeal in March 2021.

Acted for the Football League in successfully defending the League's Financial Fair Play rules against a competition law challenge under Article 101 TFEU by QPR, the subject of a £42 million fine.  The League's success in October 2017 was widely reported in the press.  QPR's appeal was settled in July 2018 when the club agreed to pay a total of nearly £42 million in fine, costs and written off amounts.

Acted in a confidential arbitration concerning the lawfulness under European competition law of rules limiting the economic freedom of sports clubs.

Acted as sole counsel for a telecommunications company in obtaining a mandatory injunction against mobile network operator O2 to continue service pending the resolution of a claim for breach of the Chapter II prohibition on abuse of dominance.

Acted for the appellant in an appeal against a decision of Roth J ([2013] UKCLR 135) in a case concerning the ambit of “existing customer” refusal to supply cases under Article 102 TFEU (with Tom de la Mare QC).

Acted for the applicant in the Competition Appeal Tribunal in a judicial review challenge to a decision of the Competition Commission ordering the applicant to sell one of its four cement plants and other assets (with Lord Pannick QC).

Acted for HTC Corporation in a High Court competition law case concerning patent licensing (with Nicholas Green QC).

Acted for holders of patents in the MPEG-2 patent pool in a substantial High Court matter concerning the application of the “FRAND defence” to IP infringement proceedings (as junior to Nicholas Green QC, Ian Mill QC and Tom de la Mare QC).

Jointly authored, with Sir David Edward QC, the UK’s former judge at the ECJ, an expert opinion on standardisation agreements and Article 81 EC, in one of the first major pieces of worldwide FRAND litigation between Qualcomm and Nokia.

James is acting for BioNTech in relation to the so-called "Pledge Issues" arising in the defence of patent infringement claims brought by Moderna relating to Covid vaccines. The issues arise from a pledge by Moderna in October 2020 that "...while the pandemic continues, Moderna will not enforce our COVID-19 related patents against those making vaccines intended to combat the pandemic".

James is acting for the Secretary of State in defending claims for alleged negligence and misfeasance brought by the shareholders of the parent company of an entity in respect of which the Skills Funding Agency took a contractual decision in December 2016.

Acting for Boots Opticians in a High Court (TCC) claim for approximately £8.6 million in unpaid amounts for services provided by Boots during the Covid-19 pandemic. The claim will go to a 10-day trial in January-February 2025.

Acting for the SFO in defending damages claim for alleged misfeasance in public office and other alleged torts in connection with alleged leaks.  A 7-week Commercial Court trial is listed for October-November 2024.

Acting for the SFO in defending a claim for inducing breach of contract and misfeasance in public office.  The claim was heard at a 47-day trial in May-September 2021 and a further 8-day trial in March 2023.

Acted for intellectual property licensing company in a successful contractual claim against multinational pharmaceutical company for multi-million euros of outstanding royalties.

Acted for the liquidator of the Force India Formula One Team in successfully defending a claim by the Austrian water company BWT AG for an alleged €4.25 million debt relating to sponsorship monies paid in the period before the team went into administration.

Acted for the Estate of the well-known American artist “Prince”, together with Universal and Sony, in a claim challenging the registration in England of various judgments from proceedings ongoing in Italy since 1995 in which the Italian courts had held that the 1994 global hit song “Most Beautiful Girl in the World” had been plagiarised and therefore infringed Italian copyright law.  The claim raised complex issues of domestic and EU copyright, international jurisdiction and human rights law.  The proceedings settled shortly before trial in early 2021.

Acted for a Delaware-incorporated patent pool which licenses technology essential to the HEVC video compression standard in successfully contending that the English Courts had no jurisdiction over a claim by Vestel (one of the largest TV manufacturers in the world) for alleged abuses of dominance by HEVC and Philips.  An appeal by Vestel was dismissed by the Court of Appeal in March 2021.

Acted for Claimant, Otsuka, in proceedings for unpaid royalties under a New York law pharmaceutical IPR licence. Otsuka successfully resisted a jurisdictional challenge by GW Pharma under (i) the Moçambique rule, (ii) foreign act of state, and (iii) forum non conveniens grounds.  The Court of Appeal, having described the case as raising "important issues as to the jurisdiction of the court to determine the validity of foreign patents", heard the case in October 2022 and in November 2022 dismissed the appeal. The case was named by Managing IP as its "Impact Case of the Year" of 2022.

Acted for the Claimant, ASSIA, in declaratory proceedings to determine the proper interpretation of a patent licence agreement with BT relating to broadband communications.  Judgment was delivered by the High Court in July 2022, and by the Court of Appeal will hear the matter in April 2023.

Acted for Ocado in successful defence of the widely followed "robot wars" patent infringement case brought by Autostore (one of The Lawyer's Top 20 Cases of 2021). James acted as sole leading counsel on the ultimately dispositive foreign law and novelty issues.  A High Court trial took place in March 2022 and judgment was delivered in March 2023. The High Court declared AutoStore's patents invalid and a settlement was reached in July 2023.

Acted for liquidator of the Force India F1 team in a damages claim against former sponsor Diageo for alleged wrongful termination of an agreement.  The claim settled in November 2019.

Acted for Fujitsu in a successful challenge to the Foreign Office's decision to award a £350 million contract for its "global connectivity" services to another tenderer.  Shortly before a hearing in March 2019 at which the High Court was to decide whether to lift the automatic suspension, the Foreign Office conceded errors and withdrew its decision.

Acted for the SFO in a landmark case concerning ENRC's assertion of legal professional privilege ("LPP") over the results of a multi-million pound "self-reporting" investigation conducted for ENRC by Dechert LLP.   The case was one of The Lawyer's Top 20 Cases of 2017 and 2018.  James argued a significant part of the case, and was awarded Global Investigations Review's Most Important Case of 2017.

Acted for pharmaceutical company Napp in defence of a claim for £113 million under a cross-undertaking in damages given in support of an interim injunction in support of a patent infringement claim.  The claim was heard over 18 days in May 2019 and settled prior to Judgment being delivered.

Acted as lead counsel for the Force India Formula 1 team in a 7 day Commercial Court trial concerning non-payment of allegedly agreed multi-million euro commission in connection with a sponsorship deal.  The breach of contract claim was dismissed in its entirety and the bulk of the quantum meruit claim also dismissed.

Acted for the WRU in a High Court claim for injunctions and damages against an individual responsible for buying and selling a very large quantity of tickets for two Wales international rugby matches on the "black market".  The case settled before a trial due in 2018.

Acted for the UK Government in defending claims by solar energy companies for more than £300 million in damages, under the Human Rights Act 1998, in relation to changes to the system for Feed-In Tariffs. The trial was listed as one of The Lawyer's Top 20 Cases of 2018.  It settled shortly before a ten-week trial.

Acted for the Defendant in Commercial Court proceedings seeking multi-millions of euros for alleged breach of contract and misuse of confidential information in relation to the development and sale of plant protection products within the EU.  The case settled in February 2019 shortly before a 7-day trial.

Acted for the Serious Fraud Office, instructed by Slaughter & May, defending Commercial Court damages proceedings brought by the Tchenguiz brothers in respect of SFO raids on their premises in March 2011.  The proceedings settled in July 2014 ahead of a 12-week trial due to commence in October 2014.  Whilst on foot, there were a number of important interlocutory judgments of the Commercial Court and Court of Appeal including in relation to (a) res judicata and the distinction between public and private law unlawfulness (see [2013] Lloyd’s Rep F.C. 535 and [2014] Lloyd’s Rep. F.C. 519); and (b) the correct approach to inadvertent disclosure of documents attracting public interest immunity ([2015] 1 WLR 797).

Since the settlement of the main damages proceedings, James has acted for the Serious Fraud Office, instructed by the Government Legal Department, in a series of disputes concerning CPR 31.22 and the proposed collateral use of the SFO’s 45,000 disclosure documents.  There have so far been six judgments of the Commercial Court ([2014] EWHC 1315 (Comm), [2014] EWHC 2379 (Comm); [2014] EWHC 2597 (Comm); [2015] EWHC 266 (Comm); [2015] EWHC 937 (Comm); [2017] EWHC 3324 (Comm)) and five judgments of the Court of Appeal ([2015] 1 WLR 838; [2014] EWCA Civ 1409; [2015] C.P. Rep. 9; [2015] EWCA Civ 50).  In the applications heard from February 2015 onwards, James has appeared as sole counsel against leading QCs, most recently in November 2017.

Acted for the National Crime Agency in defending a High Court claim for over £8 million in damages relating to the execution of search warrants upon a large business (with Jeremy Johnson QC). The proceedings settled in November 2017.

Acted for the Claimant, Sapporo, in a debt claim involving defences of alleged economic duress, intimidation and misrepresentation under Japanese and English law.  Sapporo succeeded in the High Court and Court of Appeal; and the case settled before the Supreme Court was due to hear a further appeal in early 2015 (with Andrew Green QC).

Acted as sole counsel for a multinational telecommunications manufacturer in defence of a commercial contractual claim, in ICC arbitration proceedings, for over €8 million.

Acted as sole counsel for online media company at the trial of High Court damages claim concerning multi-platform advertising campaign.

A leading authority on service of proceedings on foreign companies, both in and out of the jurisdiction (with Tom de la Mare QC).

Acted for Southwark in the 25-day trial of fraud, trespass and nuisance claims which resulted in a judgment for over £1 million (with Robert Howe QC).

Acted for a market maker and liquidity provider in a closely-followed judicial review claim challenging an unprecedented decision of the London Metal Exchange to cancel $12 billion of nickel trades on 8 March 2022. The case was one of The Lawyer's Top 20 Cases of 2023.

Acted for the claimant, a telecoms company, in judicial review proceedings concerning the lawfulness of a direction by the Home Secretary to Ofcom, requiring it to refrain from liberalising the regulatory regime for GSM gateways on national security grounds. James acted as sole counsel for the claimant in the High Court, Court of Appeal and Supreme Court.

James is acting for the Secretary of State in defending claims for alleged negligence and misfeasance brought by the shareholders of the parent company of an entity in respect of which the Skills Funding Agency took a contractual decision in December 2016.

Acting for the Interested Party, Bunzl, in a judicial review claim brought by the Good Law Project seeking to challenge the award of a contract for personal protective equipment during the pandemic.

Acted for the Interested Party, Vladimir Chernukhin, in a judicial review claim brought by Oleg Deripaska attempting unsuccessfully to challenge the DPP's decision to take over and discontinue a private prosecution brought by Mr Deripaska.

Acted as amicus curiae before the Divisional Court (PQBD and Nicklin J) in a case about whether the UK's youngest ever terrorist should have lifelong anonymity.  The decision delivered in July 2019, granting such anonymity, summarises the law in this difficult area.

Acted for the SFO in defending a judicial review claim of a decision to prosecute an individual for non-compliance with a notice under section 2 of the Criminal Justice Act 1987.

Acted for the Marine Management Organisation in defending judicial review proceedings brought by a vessel owner relating to the UK's "points system" for illegal, unregulated and unreported fishing.  At a hearing in November 2019, the High Court held that the Claimant had no real prospect of establishing that a particular feature of the UK system was ultra vires.  A legitimate expectation challenge was listed to be heard in early 2020, but the case settled.

Acted for the SFO in defending judicial review proceedings brought by ENRC challenging the SFO's decision to halt an internal review being conducted by Sir David Calvert Smith, in view of ENRC's decision to commence $93 million damages proceedings in respect of the same subject matter. 

Acted for trade association in a judicial review claim concerning the DVSA's enforcement policy in respect of Community Transport Organisations, and in particular whether the DVSA had correctly interpreted an exemption from operator licensing under EU law where an operator delivers services for "exclusively non-commercial" purposes.

Acted for the SFO in a landmark case concerning ENRC's assertion of legal professional privilege ("LPP") over the results of a multi-million pound "self-reporting" investigation conducted for ENRC by Dechert LLP.   The case was one of The Lawyer's Top 20 Cases of 2017 and 2018.  James argued a significant part of the case, and was awarded Global Investigations Review's Most Important Case of 2017.

Acted for 21st Century Fox (led by Lord Pannick QC) in a judicial review brought by a pressure group seeking to establish that Ofcom had been wrong to find that Sky would remain fit and proper after full acquisition by Fox. 

Acted for Glencore in a judicial review challenge to HMRC's service of a Charging Notice for "Diverted Profits Tax".  The case raised important issues concerning alternative remedy in judicial review claims.

Acted as sole counsel for the Metropolitan Police in successfully defending an application by the former Mayor of Tower Hamlets, Lutfur Rahman, for judicial review of his disqualification from elected office on ground of an alleged incompatibility with Article 6 of the ECHR.  Lloyd Jones LJ referred in his Judgment to James's "exemplary submissions on behalf of the MPS" (see [44]). 

Acted for Secretary of State for Justice in successfully defending judicial review proceedings alleging systemic unfairness in the decisions of Magistrates Courts in connection with committals to prison for non-payment of Council Tax.

Acted for the UK Government in defending claims by solar energy companies for more than £300 million in damages, under the Human Rights Act 1998, in relation to changes to the system for Feed-In Tariffs. The trial was listed as one of The Lawyer's Top 20 Cases of 2018.  It settled shortly before a ten-week trial.

Acted as sole counsel for Defra in successfully defending a challenge by Greenpeace to the UK’s allocation method for fishing quota and effort, on ground of alleged incompatibility with EU law (against a QC).

Acted for the SFO in successfully defending a judicial review claim concerning the SFO’s procedure for handling of documentary evidence potentially attracting legal professional privilege.

Appeared for the appellants in an important constitutional appeal from Trinidad and Tobago concerning the retrospective repeal of a limitation period for certain criminal offences (with Michael Beloff QC).

Acted for the National Crime Agency in defending a High Court claim for over £8 million in damages relating to the execution of search warrants upon a large business (with Jeremy Johnson QC). The proceedings settled in November 2017.

Acted as sole counsel for a consortium of owners of classic furniture designs in a successful challenge to the UK’s failure to implement the correct period of copyright protection for such designs in accordance with EU law.  The claim was conceded by the Government and a fresh consultation announced.

Acted for the SFO in successful defence of a judicial review claim by senior managers of GlaxoSmithKline Plc concerning whether persons interviewed by the SFO have an unfettered right to choose the identity of their accompanying legal representatives (with Pushpinder Saini QC).

Acted for the global aluminium producer United Company Rusal in the High Court and Court of Appeal in a judicial review of a warehousing rule change by the London Metal Exchange (with Monica Carss-Frisk QC).

Acted for a trade organisation in a judicial review challenge to a decision to take fishing quotas under the EU's Common Fisheries Policy away from fishermen without compensation: the decision established that “fixed quota allocation” units are possessions protected by A1P1 (with Tom de la Mare QC).

Appeared for the UK in the first Strasbourg case to apply Article 5 of the ECHR to public order measures, the Grand Chamber deciding that so-called “kettling” was in principle compatible with the ECHR (with Lord Pannick QC).

Acted for the Crown in the landmark Supreme Court decision which established that Parliamentary privilege does not prevent the criminal prosecution of MPs and Peers for alleged expenses fraud (with Lord Pannick QC in the Crown Court, Court of Appeal and Supreme Court).

Acted for Tottenham Hotspur in a state aid challenge concerning a £40 million loan by Newham Council from public money to a joint bid with West Ham for the 2012 London Olympic Stadium (with Dinah Rose QC).

Acted in the first public procurement case ever to be heard in the Supreme Court or House of Lords, and the first domestic case on the “Teckal exemption” (with John Howell QC and Javan Herberg QC).

Acted for the Claimants in leading case on the legal classification of a broadcasting licence, arising from a damages claim concerning digital switchover (with Pushpinder Saini QC).

Acted for the Defendants in public law declaratory proceedings concerning the vires of a fishery order preventing the construction of a marina in Beaumaris.

James has acted for Everton throughout two sets of disciplinary proceedings brought by the Premier League under its Profit and Sustainability Rules, including the first such complaint to go before a Commission. After a successful appeal, the Club was deducted six league points for the breach in FY22, with a further two points deducted for FY23, the latter of which is under appeal.

Acting for professional golf players who have signed to participate in the LIV Golf series in a challenge to disciplinary action taken against them by the PGA European Tour under the DP World Tour's "Conflicting Tournament" rules.  By their appeals, the players challenged the enforceability of those rules under UK competition and restraint of trade law.  In July 2022, a Sport Resolutions Panel suspended the imposition of sanctions until the players' de novo appeals could be heard.  A hearing took place in February 2023 and a decision was delivered in April 2023. 

Acted for UK Athletics in prosecution of a licensed coach for numerous breaches of the UKA Coach Licence Scheme and Codes of Conduct arising from the Respondent's behaviour towards two female athletes.  The Respondent was permanently suspended from UK and English athletics, with an ability to apply to have the suspension lifted after ten years.

Acted for the EFL in disciplinary proceedings relating to the Championship Profit & Sustainability Rules. Charge One involved the Club’s valuation of Pride Park Stadium upon its sale in June 2018 and Charge Two its amortisation policy associated with intangible fixed assets (player registrations). Charge One was dismissed; but two of the five elements of Charge Two were upheld, with the Club's amortisation policy being found to be contrary to UK Financial Reporting Standard 102.  In late 2021, Derby accepted a deduction of nine league points in the 2021/22 season.

Acted for the liquidator of the Force India Formula One Team in successfully defending a claim by the Austrian water company BWT AG for an alleged €4.25 million debt relating to sponsorship monies paid in the period before the team went into administration.

Acted for the EFL in arbitral and disciplinary proceedings between the EFL and the Club relating to its sale of the Hillsborough stadium and the Championship Profit and Sustainability Rules. The Club was found to have accounted for the sale of the stadium in the wrong financial year and to have breached the P&S rules as a result. The Club received a deduction of six league points in the 2020/21 season.

Acted for the EFL in disciplinary proceedings against Birmingham City relating to the Club's non-compliance with a business plan agreed with the EFL to address its position under the P&S Rules.  The Club was found to have failed to follow the business plan, and received a reprimand.  The case is of note for its consideration of the law on implied terms as applied to the relationship between a sports club and governing body.

Acted for The FA in successfully defending a challenge to The FA’s decision to end the 2019/20 football season in Steps 3-7 of the English football National League System without promotion or relegation on account of the COVID-19 pandemic.

Acted for the EFL in the first ever prosecution under the Championship's "Profitability and Sustainability Rules", designed to give effect to UEFA's Financial Fair Play regime.  Birmingham City were found to have spent over £9 million more than was permitted, and had 9 league points deducted in the 2018/19 season.

Acted for the RFU in a successful disciplinary prosecution of a player for the presence of three banned steroids in a sample. 

Acted as lead counsel for the Force India Formula 1 team in a 7 day Commercial Court trial concerning non-payment of allegedly agreed multi-million euro commission in connection with a sponsorship deal.  The breach of contract claim was dismissed in its entirety and the bulk of the quantum meruit claim also dismissed.

Acted for Chelsea FC in a successful appeal against a fine imposed by UEFA for the alleged behaviour of Chelsea's supporters at a Champions League match at the Camp Nou in Barcelona in March 2018.  The UEFA Appeals Body overturned an official report's finding of disruptive behaviour by Chelsea fans, holding instead that there was no inappropriate behaviour.

Acted for RFU in successful prosecution of a player for presence of cocaine metabolites in a sample.

Acted for the RFU in a successful prosecution of Wasps player Ashley Johnson for the presence of hydrochlorothiazide in his sample.

Acted as sole counsel for the RFU, both at first instance and on appeal, in a successful disciplinary prosecution for the presence of steroids in the sample of a player in the RFU Championship.  The player was suspended for four years.

Acted as a prosecutor appointed by the IAAF Ethics Board to bring charges in connection with allegations of unethical behaviour during the IAAF Congress in Beijing in August 2015.

Acted for the Football League in successfully defending the League's Financial Fair Play rules against a competition law challenge under Article 101 TFEU by QPR, the subject of a £42 million fine.  The League's success in October 2017 was widely reported in the press.  QPR's appeal was settled in July 2018 when the club agreed to pay a total of nearly £42 million in fine, costs and written off amounts.

Acted for the WRU in a High Court claim for injunctions and damages against an individual responsible for buying and selling a very large quantity of tickets for two Wales international rugby matches on the "black market".  The case settled before a trial due in 2018.

Acted as sole counsel for a major football agent in a claim against a former Premier League club for unpaid fees in relation to transfers.

Acted as sole counsel for the RFU in a successful disciplinary prosecution in connection with the consumption and supply of cocaine during a Kent County RFU tour of Argentina.

Acted as sole counsel for the RFU in a successful disciplinary prosecution for attempted trafficking of a human growth hormone.  The Appeal Panel’s reduction of the initial 5-year sanction is being appealed by World Rugby and WADA to CAS, at which James will represent the RFU.

Acted as sole counsel for the RFU in the first ever disciplinary prosecution under World Rugby’s new anti-corruption rules, against Leicester Tigers defence coach Philip Blake who had wagered on two matches involving his own team.

Acted in a confidential arbitration concerning the lawfulness under European competition law of rules limiting the economic freedom of sports clubs.

Acted for the Premier League in successfully obtaining the first ever blocking order against the ISPs in respect of unlawfully streamed sports coverage over the internet (with Ian Mill QC).

Acted as sole counsel for the RFU in its successful prosecution of London Welsh for playing an unregistered scrum half, Tyson Keats, resulting in a 5-point deduction.

Acted for the RFU in a ground breaking Norwich Pharmacal application against the online ticket agency Viagogo in relation to the unlawful re-selling of tickets for rugby union internationals (with Lord Pannick QC in the Supreme Court, and Ian Mill QC in the Court of Appeal).

Acted for Russian weightlifter Dmitry Lapikov in appeal to CAS against a four-year anti-doping ban imposed by the IWF.  The ban was halved to two years (with Ian Mill QC).

Acted for the British Olympic Association in successfully defending Olympic selection decisions in Taekwondo, Judo and Wrestling, including in the high-profile dispute with Taekwondo athlete Aaron Cook.

Acted as sole counsel for the RFU in the successful prosecution of the England and London Irish player Delon Armitage for pushing and abusing a UK Anti-Doping official, against a QC.

Acted for the FA in the successful prosecution of QPR for failing to make disclosure of “third party” arrangements concerning Alejandro Faurlin (as junior to Adam Lewis QC). 

Acted for the Saracens coach Brendan Venter in his appeal against a 14-week match day ban for provoking a Leicester Tigers crowd at an away match (as junior to Adam Lewis QC).

Acted for the RFU is a successful prosecution of four Bath Rugby Club players in relation to their refusal to take drugs tests following allegations of cocaine abuse in mid-2009 (with Andrew Green QC).

Acted for England and Wasps player James Haskell in citing for alleged head-butt during a Guinness Premiership match (reduced to dangerous play – 1 week ban).

Acted for the BOA in an appeal by the 400m sprinter Christine Ohuruogu against the life ban imposed in respect of Olympic competition (with Adam Lewis QC).

Acted for Indian sports broadcaster in a commercial arbitration concerning the $612m broadcasting rights for Test and One-Day International cricket in India (with Ian Mill QC).

Acted as sole counsel for three London Irish players cited for alleged foul play during a Heineken Cup match.

Acted for the RFU in successfully defending an appeal by Leicester Tigers player Seru Rabeni against a 14-week ban for foul play

Acting for Lenovo in FRAND proceedings, seeking relief for patent infringement and a determination by the English court of global licensing terms between the parties. In an April 2024 judgment, the High Court rejected Ericsson's jurisdiction challenge and concluded that there was good reason to expedite the FRAND trial.

Acting for Lenovo in a FRAND declaratory action against InterDigital, seeking a determination by the English courts of global FRAND licensing terms between the parties for the period 1 January 2024 onwards. The action is a successor to the high profile litigation between InterDigital and Lenovo which resulted in the March 2023 judgment of Mellor J.

James is acting for Xiaomi in defending FRAND proceedings brought by Panasonic. At a hearing in November 2023, Xiaomi secured the expedition of a 10-15 day FRAND trial in England so as to minimise the risk of injunctions being enforced against Xiaomi in Germany and the UPC.

Acted for Lenovo in only the second determination of global FRAND licensing terms ever undertaken by the UK Courts (the first being Unwired Planet, in which James also acted). A 17-day FRAND trial took place in January-February 2022. The 225-page decision of the High Court was delivered in March 2023. The Court determined a FRAND rate of 17.5 cents per device, approximately 65% less than InterDigital's request for 49.8 cents. The Court furthermore concluded that "by consistently seeking supra-FRAND rates, InterDigital did not act as a willing licensor". A five-day appeal is listed for June 2024.

Acted for the claimant, a telecoms company, in judicial review proceedings concerning the lawfulness of a direction by the Home Secretary to Ofcom, requiring it to refrain from liberalising the regulatory regime for GSM gateways on national security grounds. James acted as sole counsel for the claimant in the High Court, Court of Appeal and Supreme Court.

Acted for the Claimant, ASSIA, in declaratory proceedings to determine the proper interpretation of a patent licence agreement with BT relating to broadband communications.  Judgment was delivered by the High Court in July 2022, and by the Court of Appeal will hear the matter in April 2023.

Acted for Gibfibre Ltd in an appeal concerning the proper scope and ambit of the EU Common Regulatory Framework for Telecommunications, in the context of a dispute over access to data centres in Gibraltar.

Acting for Gibraltar-based electronic communications provider in a claim against Gibraltar Telecom for alleged abuse of dominance in refusing access to data centres in Gibraltar.  A 13-day trial is listed for March 2024.

Acting for Huawei in defence of FRAND global licensing proceedings relating to smartphones and telecommunications infrastructure.  A FRAND trial is listed for July 2023.

Acted for Huawei on FRAND and competition law issues in one of The Lawyer's Top 20 Cases of 2019: a claim brought by Conversant, a licensing entity associated with Nokia patents. The Supreme Court heard a jurisdiction appeal in October 2019 and in August 2020 upheld the decisions of the Court of Appeal and High Court.  A FRAND trial listed for February 2021 was subsequently vacated when the claim settled.

Acted for Huawei from March 2014 until the end of the case in August 2020, on FRAND and competition law issues, in the first ever "FRAND" trial in the UK. The Supreme Court’s decision of August 2020, and the decisions of the Court of Appeal of November 2018 and High Court of April 2017, attracted international attention.  James argued a substantial part of the case before the Court of Appeal and High Court, and regularly appeared in High Court hearings in this matter (see e.g. [2015] EWHC 2097 (Pat), [2015] EWHC 2097 (Pat); [2015] EWHC 2901 (Pat); [2015] EWHC 3137 (Pat); [2016] Bus. L.R. 796; [2016] E.C.C. 21).

Acting for mobile virtual network operator Lebara in proceedings against its main competitor, Lyca, concerning a block implemented by Lyca upon its customers accessing websites and services offered by Lebara (with Tom de la Mare QC and Ben Jaffey).

Acted for HTC Corporation in a High Court competition law case concerning patent licensing (with Nicholas Green QC).

James acted for Apple in successfully defending a revocation action which was part of an attack on 120 of Apple’s European trade marks, on the ground of an abuse of right by the applicant.

Acted as sole counsel for a telecommunications company in obtaining a mandatory injunction against mobile network operator O2 to continue service pending the resolution of a claim for breach of the Chapter II prohibition on abuse of dominance.

Acted for Ofcom in its successful defence of appeals by BT concerning breach of cost-orientation obligations in relation to Partial Private Circuits (with Pushpinder Saini QC).

Acted as sole counsel for Ofcom in a Competition Commission reference upholding Ofcom’s decision not to allow BT to recover its £4.1 billion pension fund deficit through regulated charges.

Acted as sole counsel for Virgin Media, successfully intervening in support of Ofcom in CAT appeals by BT concerning the dispute resolution mechanism.

Acted for Hutchison 3G Limited, intervening in CAT appeals relating to cost-orientation obligations concerning Donor Conveyance Charges.

Acted for Ofcom in defence of non-price control CAT appeals brought by Carphone Warehouse against local loop unbundling decision (as junior to Dinah Rose QC). 

Acting for the collecting societies MCPS and PRS in a licensing fee dispute with a local television channel in the IPEC.

Acting for Lenovo in FRAND proceedings, seeking relief for patent infringement and a determination by the English court of global licensing terms between the parties. In an April 2024 judgment, the High Court rejected Ericsson's jurisdiction challenge and concluded that there was good reason to expedite the FRAND trial.

Acting for Lenovo in a FRAND declaratory action against InterDigital, seeking a determination by the English courts of global FRAND licensing terms between the parties for the period 1 January 2024 onwards. The action is a successor to the high profile litigation between InterDigital and Lenovo which resulted in the March 2023 judgment of Mellor J.

Acted for a French film distributor in defending a damages claim relating to the conclusion by Netflix of a deal to carry the well-known Japanese animated films of Studio Ghibli for the first time online.

James is acting for Xiaomi in defending FRAND proceedings brought by Panasonic. At a hearing in November 2023, Xiaomi secured the expedition of a 10-15 day FRAND trial in England so as to minimise the risk of injunctions being enforced against Xiaomi in Germany and the UPC.

James is acting for BioNTech in relation to the so-called "Pledge Issues" arising in the defence of patent infringement claims brought by Moderna relating to Covid vaccines. The issues arise from a pledge by Moderna in October 2020 that "...while the pandemic continues, Moderna will not enforce our COVID-19 related patents against those making vaccines intended to combat the pandemic".

Acted for Ocado in successful defence of the widely followed "robot wars" patent infringement case brought by Autostore (one of The Lawyer's Top 20 Cases of 2021). James acted as sole leading counsel on the ultimately dispositive foreign law and novelty issues.  A High Court trial took place in March 2022 and judgment was delivered in March 2023. The High Court declared AutoStore's patents invalid and a settlement was reached in July 2023.

Acted for the Claimant, ASSIA, in declaratory proceedings to determine the proper interpretation of a patent licence agreement with BT relating to broadband communications.  Judgment was delivered by the High Court in July 2022, and by the Court of Appeal will hear the matter in April 2023.

Acted for Claimant, Otsuka, in proceedings for unpaid royalties under a New York law pharmaceutical IPR licence. Otsuka successfully resisted a jurisdictional challenge by GW Pharma under (i) the Moçambique rule, (ii) foreign act of state, and (iii) forum non conveniens grounds.  The Court of Appeal, having described the case as raising "important issues as to the jurisdiction of the court to determine the validity of foreign patents", heard the case in October 2022 and in November 2022 dismissed the appeal. The case was named by Managing IP as its "Impact Case of the Year" of 2022.

Acted for intellectual property licensing company in a successful contractual claim against multinational pharmaceutical company for multi-million euros of outstanding royalties.

Acted for a Delaware-incorporated patent pool which licenses technology essential to the HEVC video compression standard in successfully contending that the English Courts had no jurisdiction over a claim by Vestel (one of the largest TV manufacturers in the world) for alleged abuses of dominance by HEVC and Philips.  An appeal by Vestel was dismissed by the Court of Appeal in March 2021.

Acted for Lenovo in only the second determination of global FRAND licensing terms ever undertaken by the UK Courts (the first being Unwired Planet, in which James also acted). A 17-day FRAND trial took place in January-February 2022. The 225-page decision of the High Court was delivered in March 2023. The Court determined a FRAND rate of 17.5 cents per device, approximately 65% less than InterDigital's request for 49.8 cents. The Court furthermore concluded that "by consistently seeking supra-FRAND rates, InterDigital did not act as a willing licensor". A five-day appeal is listed for June 2024.

Acting for Huawei in defence of FRAND global licensing proceedings relating to smartphones and telecommunications infrastructure.  A FRAND trial is listed for July 2023.

Acted for the collecting society PPL in defending a Copyright Tribunal reference about PPL's revised tariff for "Specially Featured Entertainment" in nightclubs, pubs, hotels and restaurants in the UK.  The case settled in 2021.

Acted for Huawei from March 2014 until the end of the case in August 2020, on FRAND and competition law issues, in the first ever "FRAND" trial in the UK. The Supreme Court’s decision of August 2020, and the decisions of the Court of Appeal of November 2018 and High Court of April 2017, attracted international attention.  James argued a substantial part of the case before the Court of Appeal and High Court, and regularly appeared in High Court hearings in this matter (see e.g. [2015] EWHC 2097 (Pat), [2015] EWHC 2097 (Pat); [2015] EWHC 2901 (Pat); [2015] EWHC 3137 (Pat); [2016] Bus. L.R. 796; [2016] E.C.C. 21).

Acted for Huawei on FRAND and competition law issues in one of The Lawyer's Top 20 Cases of 2019: a claim brought by Conversant, a licensing entity associated with Nokia patents. The Supreme Court heard a jurisdiction appeal in October 2019 and in August 2020 upheld the decisions of the Court of Appeal and High Court.  A FRAND trial listed for February 2021 was subsequently vacated when the claim settled.

Acted for PRS in a successful reference to the Copyright Tribunal obtaining amendments to Tariff LP, under which most live music events pay royalties, to give effect to an agreement with the Live Sector.

Acted for the Defendant in Commercial Court proceedings seeking multi-millions of euros for alleged breach of contract and misuse of confidential information in relation to the development and sale of plant protection products within the EU.  The case settled in February 2019 shortly before a 7-day trial.

Acted for pharmaceutical company Napp in defence of a claim for £113 million under a cross-undertaking in damages given in support of an interim injunction in support of a patent infringement claim.  The claim was heard over 18 days in May 2019 and settled prior to Judgment being delivered.

James acted for Apple in successfully defending a revocation action which was part of an attack on 120 of Apple’s European trade marks, on the ground of an abuse of right by the applicant.

Acted for PRS and MCPS in defending a Copyright Tribunal reference by the BBC concerning its licences to broadcast music on television and radio (with Robert Howe QC).  An important decision on the scope of the territorial jurisdiction of the Copyright Tribunal was delivered by the High Court in November 2018 ([2018] EWHC 2931 (Ch); [2019] Bus LR 662).

Acted as sole counsel for a consortium of owners of classic furniture designs in a successful challenge to the UK’s failure to implement the correct period of copyright protection for such designs in accordance with EU law.  The claim was conceded by the Government and a fresh consultation announced.

Represented PRS for Music in successfully defending Copyright Tribunal proceedings challenging ITV’s broadcast licence fee, which were heard over two weeks in November 2015 and resulted in a decision in June 2016 (with Robert Howe QC).  In February 2017, the High Court dismissed an appeal by ITV on a point of law as to the effect of "non-precedential" licences (see [2017] L.L.R. 341).

Jointly authored, with Sir David Edward QC, the UK’s former judge at the ECJ, an expert opinion on standardisation agreements and Article 81 EC, in one of the first major pieces of worldwide FRAND litigation between Qualcomm and Nokia.

Acted for trade associations for the hospitality and retail industries in successfully defending PPL’s appeal against a Copyright Tribunal decision overturning PPL’s new background music tariffs (with Robert Howe QC).

Acted for holders of patents in the MPEG-2 patent pool in a substantial High Court matter concerning the application of the “FRAND defence” to IP infringement proceedings (as junior to Nicholas Green QC, Ian Mill QC and Tom de la Mare QC).

Acted for HTC Corporation in a High Court competition law case concerning patent licensing (with Nicholas Green QC).

Acted for the Premier League in successfully obtaining the first ever blocking order against the ISPs in respect of unlawfully streamed sports coverage over the internet (with Ian Mill QC).

Acting for the collecting societies MCPS and PRS in a licensing fee dispute with a local television channel in the IPEC.

Acted for a French film distributor in defending a damages claim relating to the conclusion by Netflix of a deal to carry the well-known Japanese animated films of Studio Ghibli for the first time online.

Acted for the Estate of the well-known American artist “Prince”, together with Universal and Sony, in a claim challenging the registration in England of various judgments from proceedings ongoing in Italy since 1995 in which the Italian courts had held that the 1994 global hit song “Most Beautiful Girl in the World” had been plagiarised and therefore infringed Italian copyright law.  The claim raised complex issues of domestic and EU copyright, international jurisdiction and human rights law.  The proceedings settled shortly before trial in early 2021.

Acted for the collecting society PPL in defending a Copyright Tribunal reference about PPL's revised tariff for "Specially Featured Entertainment" in nightclubs, pubs, hotels and restaurants in the UK.  The case settled in 2021.

Acted as amicus curiae before the Divisional Court (PQBD and Nicklin J) in a case about whether the UK's youngest ever terrorist should have lifelong anonymity.  The decision delivered in July 2019, granting such anonymity, summarises the law in this difficult area.

Acted for 21st Century Fox (led by Lord Pannick QC) in a judicial review brought by a pressure group seeking to establish that Ofcom had been wrong to find that Sky would remain fit and proper after full acquisition by Fox. 

Acted for PRS in a successful reference to the Copyright Tribunal obtaining amendments to Tariff LP, under which most live music events pay royalties, to give effect to an agreement with the Live Sector.

Acted for PRS and MCPS in defending a Copyright Tribunal reference by the BBC concerning its licences to broadcast music on television and radio (with Robert Howe QC).  An important decision on the scope of the territorial jurisdiction of the Copyright Tribunal was delivered by the High Court in November 2018 ([2018] EWHC 2931 (Ch); [2019] Bus LR 662).

Represented PRS for Music in successfully defending Copyright Tribunal proceedings challenging ITV’s broadcast licence fee, which were heard over two weeks in November 2015 and resulted in a decision in June 2016 (with Robert Howe QC).  In February 2017, the High Court dismissed an appeal by ITV on a point of law as to the effect of "non-precedential" licences (see [2017] L.L.R. 341).

Advised and acted for a multi-national broadcasting group in connection with a proposed change to the UK’s legislative regime for mutual recognition of listed events through the EU.

Advised the European Publishers Council and the Professional Publishers Association as to whether the European Commission’s proposal to regulate indices used as benchmarks in financial instruments and contracts was compatible with the fundamental freedoms of the press under EU law (with Michael Beloff QC, Brian Kennelly and Jason Pobjoy).

Acted for the Premier League in successfully obtaining the first ever blocking order against the ISPs in respect of unlawfully streamed sports coverage over the internet (with Ian Mill QC).

Acted for the members of the pop group “The Saturdays” in an accounting claim against their former manager.

Acted for PRS for Music in High Court proceedings against online-enabled jukebox operator NSM.

Acted in a damages claim against the X Factor star Stacey Solomon in relation to alleged breach of an exclusive management agreement.

Acted for trade associations for the hospitality and retail industries in successfully defending PPL’s appeal against a Copyright Tribunal decision overturning PPL’s new background music tariffs (with Robert Howe QC).

Acted for Chrysalis and EMI records in defence of a royalty claim by the former members of “Spandau Ballet” (with Ian Mill QC and Pushpinder Saini QC).

Acted for former manager of “Thin Lizzy” in commission dispute.

Acted for Gibfibre Ltd in an appeal concerning the proper scope and ambit of the EU Common Regulatory Framework for Telecommunications, in the context of a dispute over access to data centres in Gibraltar.

Acting for Gibraltar-based electronic communications provider in a claim against Gibraltar Telecom for alleged abuse of dominance in refusing access to data centres in Gibraltar.  A 13-day trial is listed for March 2024.

Acted for European Medicines Agency in defending a claim brought by Canary Wharf relating to the effect of Brexit upon the Agency's €500 million lease for its UK office building. The claim succeeded in the High Court, but the EMA obtained permission to appeal to the Court of Appeal, and a settlement was reached in July 2019 under which the building will be sublet to WeWork.

Acted for trade association in a judicial review claim concerning the DVSA's enforcement policy in respect of Community Transport Organisations, and in particular whether the DVSA had correctly interpreted an exemption from operator licensing under EU law where an operator delivers services for "exclusively non-commercial" purposes.

Acted for the Marine Management Organisation in defending judicial review proceedings brought by a vessel owner relating to the UK's "points system" for illegal, unregulated and unreported fishing.  At a hearing in November 2019, the High Court held that the Claimant had no real prospect of establishing that a particular feature of the UK system was ultra vires.  A legitimate expectation challenge was listed to be heard in early 2020, but the case settled.

Acted for Fujitsu in a successful challenge to the Foreign Office's decision to award a £350 million contract for its "global connectivity" services to another tenderer.  Shortly before a hearing in March 2019 at which the High Court was to decide whether to lift the automatic suspension, the Foreign Office conceded errors and withdrew its decision.

Acted for the UK in defending potential infraction proceedings from the European Commission in a fisheries matter.

Acted for the Defendant in Commercial Court proceedings seeking multi-millions of euros for alleged breach of contract and misuse of confidential information in relation to the development and sale of plant protection products within the EU.  The case settled in February 2019 shortly before a 7-day trial.

Acted as sole counsel for Defra in successfully defending a challenge by Greenpeace to the UK’s allocation method for fishing quota and effort, on ground of alleged incompatibility with EU law (against a QC).

Acted as sole counsel for a consortium of owners of classic furniture designs in a successful challenge to the UK’s failure to implement the correct period of copyright protection for such designs in accordance with EU law.  The claim was conceded by the Government and a fresh consultation announced.

Acted for the Claimants in Francovich damages proceedings against the UK in relation to incorrect implementation of the Authorisation Directive (with Monica Carss-Frisk QC).

Acted for representatives of UK passenger transport industry in a state aid complaint to the European Commission concerning public subsidies to “Community Transport Companies” (with Lord Lester QC).

Acted for a trade organisation in a judicial review challenge to a decision to take fishing quotas under the EU's Common Fisheries Policy away from fishermen without compensation: the decision established that “fixed quota allocation” units are possessions protected by A1P1 (with Tom de la Mare QC).

Acted for Tottenham Hotspur in a state aid challenge concerning a £40 million loan by Newham Council from public money to a joint bid with West Ham for the 2012 London Olympic Stadium (with Dinah Rose QC).

Acted for the Claimant in long-running free movement challenge to the freight carriage monopoly between the Isle of Man and the UK (with Michael Beloff QC).

James acted for Apple in successfully defending a revocation action which was part of an attack on 120 of Apple’s European trade marks, on the ground of an abuse of right by the applicant.

Acting for the Interested Party, Bunzl, in a judicial review claim brought by the Good Law Project seeking to challenge the award of a contract for personal protective equipment during the pandemic.

Acted for Fujitsu in a successful challenge to the Foreign Office's decision to award a £350 million contract for its "global connectivity" services to another tenderer.  Shortly before a hearing in March 2019 at which the High Court was to decide whether to lift the automatic suspension, the Foreign Office conceded errors and withdrew its decision.

Acted as sole counsel for claimant in a challenge to the termination of the award process for the supply of food to the British Armed Forces.

Acted as lead counsel for the Claimant in a claim against the DfT relating to the contract for the IT system for the DVLA, which is one of the largest Government contracts in the UK (leading Emily Neill).

Acted in the first public procurement case ever to be heard in the Supreme Court or House of Lords, and the first domestic case on the “Teckal exemption” (with John Howell QC and Javan Herberg QC).

Acted in this leading case on the duty of transparency, “abnormally low” offers and the “implied contract”, arising out of the successful defence of a multi-million pound damages claim (with John Howell QC).

Acted for a successful applicant for an interim injunction preventing TfL from re-awarding the contract for the operation of the Oyster Card scheme (with John Howell QC). 

James is acting for the Secretary of State in defending claims for alleged negligence and misfeasance brought by the shareholders of the parent company of an entity in respect of which the Skills Funding Agency took a contractual decision in December 2016.

Acting for the SFO in defending damages claim for alleged misfeasance in public office and other alleged torts in connection with alleged leaks.  A 7-week Commercial Court trial is listed for October-November 2024.

Acting for the SFO in defending a claim for inducing breach of contract and misfeasance in public office.  The claim was heard at a 47-day trial in May-September 2021 and a further 8-day trial in March 2023.

Acted for the UK Government in defending claims by solar energy companies for more than £300 million in damages, under the Human Rights Act 1998, in relation to changes to the system for Feed-In Tariffs. The trial was listed as one of The Lawyer's Top 20 Cases of 2018.  It settled shortly before a ten-week trial.

Acted for the National Crime Agency in defending a High Court claim for over £8 million in damages relating to the execution of search warrants upon a large business (with Jeremy Johnson QC). The proceedings settled in November 2017.

Acted for the Claimants in Francovich damages proceedings against the UK in relation to incorrect implementation of the Authorisation Directive (with Monica Carss-Frisk QC).

Acted for the Serious Fraud Office, instructed by Slaughter & May, defending Commercial Court damages proceedings brought by the Tchenguiz brothers in respect of SFO raids on their premises in March 2011.  The proceedings settled in July 2014 ahead of a 12-week trial due to commence in October 2014.  Whilst on foot, there were a number of important interlocutory judgments of the Commercial Court and Court of Appeal including in relation to (a) res judicata and the distinction between public and private law unlawfulness (see [2013] Lloyd’s Rep F.C. 535 and [2014] Lloyd’s Rep. F.C. 519); and (b) the correct approach to inadvertent disclosure of documents attracting public interest immunity ([2015] 1 WLR 797).

Acted for the Claimants in leading case on the legal classification of a broadcasting licence, arising from a damages claim concerning digital switchover (with Pushpinder Saini QC).

Acted for a market maker and liquidity provider in a closely-followed judicial review claim challenging an unprecedented decision of the London Metal Exchange to cancel $12 billion of nickel trades on 8 March 2022. The case was one of The Lawyer's Top 20 Cases of 2023.

Acted for the global aluminium producer United Company Rusal in the High Court and Court of Appeal in a judicial review of a warehousing rule change by the London Metal Exchange (with Monica Carss-Frisk QC).

Acted as independent counsel instructed by the FCA (with Andrew Green QC and Simon Pritchard) to produce a public report reviewing the reasonableness of the FSA’s enforcement investigations in relation to the failure of HBOS plc. 

Acting on an extended advisory brief in connection with a major ongoing consultation process.

Acted for Prudential in defending disciplinary proceedings before the FSA’s Regulatory Decisions Committee (with Javan Herberg QC and Andrew George).

Acted for Landsbanki in advising the Icelandic bank at the height of the financial crisis (with Thomas Beazley QC).

Acted for the FSA in a high-profile enforcement investigation relating to Split Capital Investment Trusts (with Javan Herberg QC).